'''Case law in the USA''' is the collection of rulings handed down by the [[USA patents courts and appeals|courts that deal with patents]] in the [[USA]]. Case law provides the official interpretations of the [[Legislation in the USA|legislation]].

'''Case law in the USA''' is the collection of rulings handed down by the [[USA patents courts and appeals|courts that deal with patents]] in the [[USA]]. Case law provides the official interpretations of the [[Legislation in the USA|legislation]].

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The highest court, the [[US Supreme Court]], has not examine [[patentable subject matter]] since the 1981 case [[Diamond v. Diehr (1981, USA)|Diamond v. Diehr]]. This case was interpreted by some as validating software patents, but this position is far from clear. Since then, the [[US Court of Appeals for the Federal Circuit]] (CAFC) has upheld many software patents.

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The highest court, the [[US Supreme Court]], has not directly examined the question of the patentability of software ideas, but it has taken decisions on closely related [[patentable subject matter]] in a triplet of cases in the 70s and early 80s ([[Gottschalk v. Benson (1972, USA)|Benson]], [[Parker v. Flook (1978, USA)|Flook]], [[Diamond v. Diehr (1981, USA)|Diehr]]), and in the 2010 [[Bilski v. Kappos]] case.

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A change occurred in 2008 when the CAFC rejected a [[business method patent]] in the case [[in re Bilski]]. The test they used, known as the [[machine-or-transformation test]], also narrows or closes the scope for patenting software ideas. The Supreme Court is reviewing this new test in the [[Bilski v. Kappos]] case.

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A lower court, the [[US Court of Appeals for the Federal Circuit]] (CAFC) has upheld many software patents.

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It will take time for case law to be developed around the Bilski decision of 2010. See: [[patentability in the USA after Bilski]].